Due Process Research~
Guantanamo Bay:
My opinion: I think Guantanamo Bay is horrible. These people haven't had fair trials or any right to defend themselves and are constantly tortured. I think we as people should feel bad for doing that to human beings, whether they committed any crime or not, the way we treat them doesn't make us any better.
Courts Opinion:
The Court stated in the case of Boumediene v. Bush, that because the procedures laid out in the Detainee Treatment Act are not adequate substitutes for the habeas writ, the MCA operates as an unconstitutional suspension of that writ. The detainees were not barred from seeking habeas or invoking the Suspension Clause merely because they had been designated as enemy combatants or held at Guantanamo Bay. The Court reversed the D.C. Circuit's ruling and found in favor of the detainees.
Constitutional Issue:
Should Guantanamo Bay inmates be protected by the fifth amendment?
My opinion: I think Guantanamo Bay is horrible. These people haven't had fair trials or any right to defend themselves and are constantly tortured. I think we as people should feel bad for doing that to human beings, whether they committed any crime or not, the way we treat them doesn't make us any better.
Courts Opinion:
The Court stated in the case of Boumediene v. Bush, that because the procedures laid out in the Detainee Treatment Act are not adequate substitutes for the habeas writ, the MCA operates as an unconstitutional suspension of that writ. The detainees were not barred from seeking habeas or invoking the Suspension Clause merely because they had been designated as enemy combatants or held at Guantanamo Bay. The Court reversed the D.C. Circuit's ruling and found in favor of the detainees.
Constitutional Issue:
Should Guantanamo Bay inmates be protected by the fifth amendment?
Death Penalty:
My opinion: I personally don't agree with the death penalty on a moral and legal level because it could be considered cruel and unusual punishment when it reaches a point to where you have to kill someone multiple times and I personally believe that putting someone on death row isn't effective in most cases.
Courts Opinion:
In many cases the court has ruled that the death penalty does not violate the eighth amendment, but has added various stipulations on a state level. Each states regulations vary as far as what crimes constitute for the death penalty.
Constitutional Issue:
Is the death penalty cruel and unusual punishment?
Does the death penalty violate the fifth amendment?
My opinion: I personally don't agree with the death penalty on a moral and legal level because it could be considered cruel and unusual punishment when it reaches a point to where you have to kill someone multiple times and I personally believe that putting someone on death row isn't effective in most cases.
Courts Opinion:
In many cases the court has ruled that the death penalty does not violate the eighth amendment, but has added various stipulations on a state level. Each states regulations vary as far as what crimes constitute for the death penalty.
Constitutional Issue:
Is the death penalty cruel and unusual punishment?
Does the death penalty violate the fifth amendment?